20. Înalta Curte de Casaţie şi Justiţie, Completul pentru dezlegarea unor chestiuni de drept în materie penală, decizia nr. 9 din 2 iunie 2014, dosarul nr. 7/1/2014/HP/P, publicată în M. Of. nr. 497 din 3 iulie 2014
20. High Court of Cassation and Justice, decision no. 9 of 2 June 2014, file no. 7/1/2014/HP/P, published in Official Journal no. 497 of 3 July 2014

Summary/Abstract: I. The Applicant and the Subject of the Referral By the order of 6 March 2014, delivered in case file no. 2390/2/2013, the Bucharest Court of Appeal – Second Criminal Division – referred to the High Court of Cassation and Justice, pursuant to Article 475 of the Code of Criminal Procedure, a request for a preliminary ruling aimed at clarifying certain points of law, namely: a) Whether, in applying Article 5 of the Criminal Code, the determination of the more lenient criminal law is made by selecting one of the successive criminal laws, which will then apply globally to the entire criminal case based on various criteria (such as penalty limits, sanctioning treatment for multiple offences, prescription, etc.), or by selecting, for each so‑called autonomous legal institution, the more lenient legal provision from among the successive criminal laws (for example, for the basic offence, the more lenient provision…).

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